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RELEVANT LINKS: <br />Hubbard Broadcasting, Inc. <br />v. City of Afton, 323 N.W.2d <br />757 (Minn. 1982). <br />See Section I -C Role of <br />comprehensive planning in <br />zoning ordinance adoption. <br />SuperAmerica Group, Inc. v. <br />City of Little Canada, 539 <br />N.W.2d 264 (Minn. Ct. App. <br />1995). <br />In re Livingood, 594 N.W.2d <br />889 (Minn. 1999). <br />Minn. Stat. § 462.3595, subd. <br />4. <br />Northpoint Plaza v. City of <br />Rochester, 465 N.W.2d 686 <br />(Minn. 1991). <br />Snaza v. City of St Paul, 548 <br />F 3d 1178 (8th Cit. 2008). <br />Minn. Stat. § 462.3597. <br />A.G. Op. 59 -A -32 (February <br />27, 1990). <br />Upper Minnetonka Yacht <br />Club v. City of Shorewood, <br />770 NW 2d 184 (Minn. Ct. <br />App. 2009). <br />See LMC Information Memo, <br />FAQs on Variances. <br />Minn. Stat. § 462.354, subd. <br />6. <br />See Section V -B -5 Boards of <br />Adjustment and Appeals. <br />• Does not meet the specific standards or conditions established in the <br />zoning ordinance; <br />• Is not consistent with the city's officially adopted comprehensive plan; <br />• Endangers or is not compatible with the health, safety and welfare of the <br />public. <br />When a local government denies a landowner a CUP without sufficient <br />evidence to support its decision, a court can order the issuance of the permit <br />subject to reasonable conditions. <br />Once a CUP is granted, a certified copy of the CUP (including a detailed list <br />of all applicable conditions) must be recorded with the county recorder or <br />the registrar of titles, and must include a legal description of the land. <br />CUPs are considered property interests that run with the land —that is, they <br />pass from seller to buyer when the land is sold or transferred. For this <br />reason, time restrictions on a CUP are potentially invalid. In one instance, <br />however, the courts have supported the city's decision to issue a time - <br />limited CUP. If the city wishes to issue a time - limited CUP, the city attorney <br />should be consulted. <br />Once issued, a CUP's conditions cannot be unilaterally altered by the city, <br />absent a violation of the CUP itself. <br />d) Requests for variances from the zoning ordinance <br />Variances are an exception to rules laid out in a zoning ordinance. They are <br />permitted departures from strict enforcement of the ordinance as applied to a <br />particular piece of property if strict enforcement would cause the owner <br />"practical difficulties." Variances are generally related to physical standards <br />(such as setbacks or height limits) and may not be used to allow a use that is <br />prohibited in the particular zoning district. Essentially, variances allow the <br />landowner to deviate from the rules that would otherwise apply. <br />The law provides that requests for variances are heard by the board of <br />adjustment and appeals. In many communities, the planning commission <br />serves this function. Generally, the board's decision is subject to appeal to <br />the city council. Under the statutory practical difficulties standard, a <br />landowner is entitled to a variance if the facts satisfy the three- factor test of <br />(1) reasonableness, (2) uniqueness, and (3) essential character. <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 32 <br />